Resource Spotlight: Speaking Up Shouldn’t Mean Getting Sued
The National Crime Victim Law Institute provides a critical overview of the use of SLAPPS – strategic lawsuits against public participation – as a tool by abusers to silence victims of sexual assault. In these cases, a survivor reports crimes of sexual assault and are faced with torts or lawsuits by the alleged perpetrator seeking damages for defamation. Speaking up and seeking justice should never be grounds for harm in the civil justice system.
The presence of these lawsuits in the civil system have been enough to deter some survivors from reporting to law enforcement. NCVLI describes the issue:
“SLAPP suits are not about seeking justice. They are about weaponizing the legal system to chill speech and punish survivors. The mere threat of a lawsuit — even one with no legal merit — can be enough to deter survivors from ever coming forward.”
It’s important for survivors to know that they do not need to report to police to be eligible for supportive services, trauma therapy treatment at SARCC, or seeking medical care or a forensic examination. Forensic Rape Exams allow survivors to report anonymously if it does not feel safe to report to police.
Additionally, PCAR provides access to the Sexual Violence Legal Assistance Project for survivors of sexual assault, abuse, and harassment in PA. If a survivor is faced with the threat of a lawsuit for reporting, connecting with an attorney through PCAR may be a good first step for getting more information and making a safety plan within the civil legal system.cgeary@sarccschuylkill.org (Schuylkill County), or call 717-270-6972 (Lebanon) or 570-628-2965 (Schuylkill).
